On Thursday, August 7th, 2026, President Donald Trump signed two executive orders aimed at narrowly restricting birthright citizenship in the United States. These actions follow a recent Supreme Court ruling in Trump v. Barbara that upheld birthright citizenship, striking down a broader attempt by Trump to limit it.

The first executive order identifies specific groups whose children would not be eligible for citizenship at birth. It excludes children born to parents deemed "alien enemies," "foreign government employees," or those who have "engaged in a commercial transaction" to secure birthright citizenship. It also excludes children born in U.S. territories where citizenship is not granted by federal statute, as well as children of persons employed by international organizations with immunity and ambassadors. However, critics note that children of diplomats already do not receive birthright citizenship because their parents are not subject to U.S. jurisdiction.

The second order addresses "birth tourism," a practice where some women travel to the U.S. to give birth and secure citizenship for their child. This order delegates authority to the Secretary of State and Secretary of Homeland Security to halt birth tourism. The U.S. government already has visa denial powers and has prosecuted birth tourism operators, including during the Biden administration.

The White House asserts that these measures will "protect the meaning and value of American citizenship." However, analysts argue the orders combine unconstitutional provisions with symbolic gestures and are unlikely to have significant legal effect.

The Framers of the Fourteenth Amendment extended citizenship to "every free-born person in this land," a principle reaffirmed by the Supreme Court. The new executive orders come amid ongoing debates about immigration and citizenship policy in the United States.

(Photo credits: Denis Shevchuk/Elnur/Dreamstime; Illustration: Fatima Ruiz, Midjourney)

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